Larceny By Embezzlement can be either a felony or misdemeanor in Massachusetts. Massachusetts General Laws c 266 s 30 defines larceny by embezzlement. It is a serious criminal charge that can carry harsh penalties.
Patrick Donovan is a Massachusetts Criminal Lawyer who has helped many people fight their Mass. theft charges. Call Attorney Patrick Donovan if you have been charged or are facing any type of theft charge.
Larceny By Embezzlement FAQs
Embezzlement differs from regular larceny in that it is committed by a person in a position of trust with regards to the property.
1. You were entrusted with the property of another person or entity;
2. You took, hid, or converted that property without the owner’s consent; and
3. You had the intent to permanently deprive the owner of that property. It is not a defense to say that you intended to pay the owner back for the property you converted, or that you did not even benefit from the conversion of the property.
So long as you adversely held or used the other person’s property. So long as you had some rightful form of access to the other person’s property, and used that position of confidence to take some of all of that property without the owner’s consent you can be convicted of larceny by embezzlement.
If the value of the property alleged to have been embezzled is greater than $250, it is a felony punishable by 5 years in state prison and/or a maximum fine of $25,000.
If the amount in question is $250 or under, however, this is a misdemeanor punishable by up to one year in jail and/or a fine of up to $300.
Massachusetts Criminal Attorney
Attorney Patrick Donovan is a Massachusetts criminal lawyer. He has represented many people charged with all types of theft crimes. Attorney Donovan is a former Assistant District Attorney with experience in over fifty courts.